THE SENATE

S.B. NO.

1035

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to sexual VIOLENCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that child sexual abuse is extremely prevalent and that most children who are survivors of sexual abuse do not immediately disclose the fact that they were abused.  In the United States, one in five girls and one in twenty boys is a victim of child sexual abuse and studies show that between sixty and eighty per cent of survivors withhold disclosure.  Of those who delay disclosure until adulthood, the average delay has been found to be approximately twenty years, with some survivors delaying up to fifty years.  As children are most vulnerable to sexual abuse between the ages of seven and thirteen, the average age at which delayed disclosure in adulthood occurs would be approximately between twenty-seven to thirty-three years of age.

     The legislature further finds that there are many reasons children delay disclosing sexual abuse.  These reasons range from their particular stage of cognitive development, limited capacity to understand what happened, confusion about their feelings, and limited ability to adequately express complaints, to the fact that a majority of survivors know the perpetrator and may fear retaliation or harmful impacts on their family or community.  Moreover, when survivors disclose the abuse, they may also be subjected to negative, silencing, and re-traumatizing reactions by the recipients of the disclosure. 

Therefore, the fact that a survivor may have disclosed the survivor's abuse does not mean that the survivor had a meaningful opportunity to seek justice at the time of disclosure.

     Accordingly, the purpose of this Act is to extend the period of time in which survivors may bring civil cases against perpetrators, thus aligning the civil statute of limitations with the reality that survivors of child sexual abuse are often unable to disclose the abuse and seek justice until they are well into adulthood.

     SECTION 2.  Section 657-1.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding any law to the contrary, except as provided under subsection (b), no action for recovery of damages based on physical, psychological, or other injury or condition suffered by a minor arising from the sexual abuse of the minor by any person shall be commenced against the person who committed the act of sexual abuse more than:

     (1)  [Eight] Twenty-two years after the eighteenth birthday of the minor or the person who committed the act of sexual abuse attains the age of majority, whichever occurs later; or

     (2)  [Three] Ten years after the date the minor discovers or reasonably should have discovered that psychological injury or illness occurring after the minor's eighteenth birthday was caused by the sexual abuse,

whichever comes later.

     A civil cause of action for the sexual abuse of a minor shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V or VI of chapter 707."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.


     SECTION 4.  This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:

_____________________________

 

 


 


Report Title:

Sexual Violence; Child Sexual Abuse; Civil Action; Statute of Limitations

 

Description:

Extends the amount of time from the date an act of child sexual abuse occurred for a victim to bring a civil cause of action.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.